- Pattern design on the fabric is copyrightable but not the shape of the clothing.
- Color scheme is not copyrightable. Color can be protected by trademark/trade dress (packaging) if distinctive enough, ex, Tiffany blue, Louboutin red sole.
- Clothing design can be protected by patent.
- Jewelry design can be copyrightable.
- Belt buckle design is copyrightable.
- Drawings in a tech pack is copyrightable. But if the drawings include a logo of a brand, your use of the drawings may be subject to the trademark and/or copyright protection of the logo.
- Photograph is copyrightable; the photographer gets the copyright, unless otherwise arranged by a contract.
- Designer of the products being photographed does not get copyright of the photograph unless otherwise arranged by a contract.
- Subject of the photograph does not get copyright.
- A person hiring a photographer does not get copyright.
- Ex. Without a contract stating otherwise, a wedding photographer will get copyright to all photographs taken at the wedding, i.e, the photographer can use, copy, display, publish the photographs, not the newlyweds.
What is protectable?
Law in Style. 